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  1. #1
    Join Date
    Feb 2011
    Posts
    7

    Default Settlement or Not

    the insurance company has sent a check to my attorney for what they claim is my settlement,the doctor claims a rating and that i have reached mmi.my problem is i don't feel i have reached mmi and my attorney agrees,the rating i to low for my injury and problems still having. and is for only my hand ,but had surgery and problems with my hand,fingers and arm,also elbow.. at first my attorney say's not to cash now says i can accept the check and cash it,but am afraid if do i give away all my rights to fight and disagree and appeal the rating,and future monies and permnant disabilty to the injured body part and any or poss re training..i after 2 surgery's and over a year still have very limited use of my arm and sever pain at times.please help and explain,i don't want to loss what i feel is fair and rightfully mine and owed to me.if i cash this check from insurance carrier does that mean i accept there settlement and have no further rights? help please..honestly not sure if my attorney fighting for me. one last question,when or if need a second rating to fight what you think is an unfair rating,do i pay upfront for the said doctor or does my attorney do this and deduct from settlement later?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Settlement or Not Confused

    one last question,when or if need a second rating to fight what you think is an unfair rating,do i pay upfront for the said doctor or does my attorney do this and deduct from settlement later?
    No...you shouldn't pay...there is a dispute resolution process for WC.

    Listen to your attorney...he knows your file, the laws and facts surrounding your claim.
    Your atty doesn't "fight" for you like on TV shows... WC is not civil or criminal court... nor like a PI/Personal Injury case like a auto accident.
    The benefits are pre determined, and base on that PD rating.

    MMI only means your Dr feels your condition is stable...not expected to change better/worse in the next 12 months or so. MMI doesn't mean you won't be provided additional medical care.
    "Pain" in itself isnt' usually a work injury... you can be in pain and still MMI, even for a very long time.

    The claim is not "settled" by cashing the check... that is money you are due based on the current PPD rating... if the rating is increased, they will take a credit for this money.

    Listen to your atty, don't worry about things that havent' happened yet.

  3. #3
    Join Date
    Feb 2011
    Posts
    7

    Default Re: Settlement or Not Confused

    thanks for the help and info,the second rating I and my attorney would like to get,was told by my attorney that I would have to pay for upfront.my attorney claims the firm doesn't pay or front any monies for those type things. and have to think and worry about things that have not happen when your entire life and living hangs on what the outcome is,been almost 18 months and still same problems, i can not lift much more then a gal of milk,can not do anything repeatedly what do i do to earn a living?scared,confused and pissed!!!

  4. #4
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    790

    Default Re: Settlement or Not Confused

    Unfortunately, in South Dakota, the IW is required to pay for the "second opinion", if they want one.

    http://dlr.sd.gov/workerscomp/employ...s.aspx#doctors

    Some Dr.'s will accept a "green lien" against any potential settlement.

    Once that is done, you have a right to a hearing to have a judge determine the appropriate permanency rating.

  5. #5
    Join Date
    Feb 2011
    Posts
    7

    Default Re: Settlement or Not Confused

    Quote Quoting LeglEgl View Post
    Unfortunately, in South Dakota, the IW is required to pay for the "second opinion", if they want one.

    http://dlr.sd.gov/workerscomp/employ...s.aspx#doctors

    Some Dr.'s will accept a "green lien" against any potential settlement.

    Once that is done, you have a right to a hearing to have a judge determine the appropriate permanency rating.


    thanks so much for the info,as been a great help!!!

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Settlement or Not Confused

    thanks for the help and info,the second rating I and my attorney would like to get,was told by my attorney that I would have to pay for upfront.my attorney claims the firm doesn't pay or front any monies for those type things.


    one last question,when or if need a second rating to fight what you think is an unfair rating,do i pay upfront for the said doctor or does my attorney do this and deduct from settlement later?
    As I said...you need to listen to your attorney... we don't have the file... no one on a message board should attempt to second guess your attorney...or confirm/deny what you've been told. There are very few attorneys responding to these boards...those that do are state specific.
    been almost 18 months and still same problems, i can not lift much more then a gal of milk,can not do anything repeatedly what do i do to earn a living?scared,confused and pissed!!!
    Many injuries, whether at work, or home falling off the roof, can be life altering... and yes, you have many things to consider, including that you may have to change employment/career.
    There may be residual impairment due to this injury, that is what any award will be based on... WC is about paying benefits...not cash settlements, and there is no "big money" in a WC offer to close a claim.

  7. #7
    Join Date
    May 2010
    Location
    New Haven county
    Posts
    11

    Default Re: Settlement or Not Confused

    BvIA hello ! been a while but you gave good direction on my previous questions and corrected me when I ranted ! Thank You ,I ask when should I expect a final settlement on on injury from January of 2009 ? should I contact my attorney or is their a time frame? was paid PPD and are getting treatments (still up in air who's paying But .) Thgank you for your Knowledge ,Tom

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Settlement or Not Confused

    when should I expect a final settlement on on injury from January of 2009 ?... was paid PPD and are getting treatments (still up in air who's paying But .)
    If you've been paid the full amount of PPD indemnity, there is nothing left to 'settle' but the estimated value of your future medical care. That is not an entitlement in any settlement, but a voluntary payment based on negotiation. They never have to close the medical...and you'd never be paid what it's actually worth.
    At the end of the day, you would be paying out of your own pocket for any additional treatment. Think carefully about cashing out your medical care.

  9. #9
    Join Date
    Jan 2012
    Posts
    1

    Default Re: Settlement or Not Confused

    FYI, You are not able to "settle" away any future medical benefits. And of course you wouldn't want to anyway.

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